The community development director, or the community development director's duly authorized representative, shall have the power to enforce the provisions of this chapter. No building or other structure, including footings and foundations, shall be erected, constructed, reconstructed, moved, altered without first obtaining a building permit from the building inspector to be issued in accordance with the terms of this chapter. No permit shall be issued unless there shall first be filed in the office of the community development director, by the applicant therefor, information satisfactory to the community development director, which shall include a plot plan, certified by a land surveyor registered in the state, drawn to scale, correctly showing the location and actual dimensions of the lot or tract to be occupied, and the dimensions and locations on the lot of the building to be erected, constructed, reconstructed, enlarged or altered, with measurements from all lot lines to foundation lines of the building, together with a true statement in writing, signed by the applicant, showing the use for which the building or land is arranged, intended or designed; and no permit shall be issued by the community development director unless such plan or information shall show that such building or land is to conform in all particulars with the provisions of this title. A record of such applications and plans shall be kept in the office of the community development director. Plans and specifications shall be identified by the signature and seal (if required) of the author.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

No permit shall be issued for erection, exterior construction, conversion, establishment alterations or enlargement of any building, structure or improvement without the approval by written resolution of the city council, with the exception of the following: a one- or two-family dwelling or an accessory use customarily incidental thereto, or a commercial building where the value of the construction project is less than $5,000.00.

(b)

In the event that the approval of the council is required under subsection (a) of this section, the community development director shall, shall, no more than 30 days after the filing of the application for the building permit, certify such application together with all attached plans, specifications, plats, diagrams and other instruments required by law to the council by delivering same to the city clerk with the community development director's recommendation.

(c)

The council shall approve the application if it finds that same shall be in the interest of the public health, welfare, safety and morals, such as to conserve the values of buildings in the vicinity and reasonably consistent with the surrounding area, all with reasonable regard for the following factors:

(1)

Design.

a.

Plans and elevations.

b.

Color, material and texture.

c.

Relation to the site and to adjoining properties.

d.

Advertising signs as related to proposed structures and adjoining properties.

e.

Landscaping, fences, walls and entrances.

f.

Location and elevation of the building upon the site in relation to the topography of the site and in relation to the contiguous property.

g.

Other factors pertaining to overall design and appearance.

(2)

Future development.

a.

Proposed highways and streets.

b.

Widening of existing streets.

c.

Public buildings, schools and places of worship.

d.

Parks, parkways and other proposed or contemplated development in the city.

(3)

Generally.

a.

Fire hazards.

b.

Traffic hazards.

(Ord. No. 4.414, § 1, 1-22-2018)

There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous. A building permit shall not be required for construction not exceeding 18 inches in height, which is located in the side or rear yard.

(Ord. No. 4.414, § 1, 1-22-2018)

All plans for buildings covered by section 7.185.010 shall be prepared by, or under the supervision of, a person licensed to practice as a registered architect or a registered professional engineer in accordance with the architectural and engineering laws of the state.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

A permit may be revoked by the community development director at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is departure from the plans, specifications or conditions as required under the terms of the permit, that the same was procured by false representation or was issued by mistake, or that any of the provisions of the zoning ordinance (this title) are being violated.

(b)

Upon the failure, refusal or neglect of any owner, the owner's agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefor, as herein provided, the community development director may issue a stop order, provided that 24-hours' written notice of such revocation or order to stop shall be served upon the owner, the owner's agent or contractor, or upon any person employed upon the building or structure for which such permit was issued, or shall be posted in a conspicuous place on the premises. Thereafter, no such construction shall proceed.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

The community development director shall be empowered to act within the provisions of this chapter upon all applications for building permits. In the event of refusal by the community development director to issue a permit upon application, as herein provided, the applicant may perfect an appeal to the board of zoning adjustment as provided in chapter 190 of this title.

(b)

An appeal from the approval or denial of a building permit by the city council pursuant to the provisions of this chapter shall be to the circuit court of the county.

(Ord. No. 4.414, § 1, 1-22-2018)